Aleem Anis Momin @ Lallya v. The State Of Maharashtra

(28) BA-396-2020.doc BDP-SPS Bharat D.

Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by Bharat D.

Pandit Date:

2021.03.12 14:37:59 +0530 CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.396 OF 2020 Aleem Anis Momin @ Lallya ...Applicant V/s The State of Maharashtra ....Respondent Mrs. Anita Agarwal a/w Ms. Ashwini Jadhav for the Applicant. Mr. S.R. Agarkar, APP for the State.

CORAM: NITIN W. SAMBRE, J.

DATE: MARCH 10, 2021 P.C.:- 1] Trial Court rejected prayer for bail of the Applicant/Accused No.6 in Crime No.114 of 2018 punishable under Sections 302, 120(B), 143, 147, 148, 149 of the Indian Penal Code.

2] Submissions of Ms. Agarwal, learned Counsel for the Applicant are, improbable story is narrated in the charge-sheet, identification parade was conducted at belated stage and the report from the Chemical Analyser does not support the prosecution case. 3] As far as the aforesaid submissions are concerned, two of the eye 1/2

(28) BA-396-2020.doc witnesses have specifically named the Applicant who has participated in the crime in question.

4] Whether the accused was properly identified and case of the prosecution is improbable can only be looked into after appreciation of oral evidence. There is sufficient material to infer prima facie involvement of the Applicant in crime. No case for bail is made out. Application for bail stands rejected.

( NITIN W. SAMBRE, J. ) 2/2